Texas 2017 - 85th Regular

Texas House Bill HB522 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R19193 AJA-F
2	2	By: Schofield, Shaheen, et al. H.B. No. 522
3	3	Substitute the following for H.B. No. 522:
4	4	By: Shine C.S.H.B. No. 522
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation by a property owners' association of certain
10	10	religious displays.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 202.018, Property Code, is amended by
13	13	amending Subsections (a) and (b) and adding Subsections (b-1),
14	14	(b-2), and (b-3) to read as follows:
15	15	(a) Except as otherwise provided by this section, a property
16	16	owners' association may not enforce or adopt a provision in a
17	17	dedicatory instrument, including a restrictive covenant, that
18	18	prohibits a property owner or resident from displaying or affixing
19	19	on the [entry to the] owner's or resident's property or dwelling one
20	20	or more religious items the display of which is motivated by the
21	21	owner's or resident's sincere religious belief.
22	22	(b) This section does not prohibit the enforcement or
23	23	adoption of a provision in a dedicatory instrument, including a
24	24	restrictive covenant, that, to the extent allowed by the
25	25	constitution of this state and the United States, prohibits the
26	26	display or affixing of a religious item on the [entry to the]
27	27	owner's or resident's property or dwelling that:
28	28	(1) threatens the public health or safety;
29	29	(2) violates a law other than a law prohibiting the
30	30	display of religious speech;
31	31	(3) contains language, graphics, or any display that
32	32	is patently offensive to a passerby for reasons other than its
33	33	religious content; or
34	34	(4) is installed on property:
35	35	(A) owned or maintained by the property owners'
36	36	association; or
37	37	(B) owned in common by members of the property
38	38	owners' association [in a location other than the entry door or door
39	39	frame or extends past the outer edge of the door frame of the
40	40	owner's or resident's dwelling; or
41	41	[(5) individually or in combination with each other
42	42	religious item displayed or affixed on the entry door or door frame
43	43	has a total size of greater than 25 square inches].
44	44	(b-1) Except as provided by Subsection (b-3), a property
45	45	owners' association may enforce a provision of a dedicatory
46	46	instrument, including a restrictive covenant, that prohibits:
47	47	(1) the display of a religious item for more than 30
48	48	days if the item:
49	49	(A) contains roofing material, siding, paving
50	50	materials, one or more balloons or lights, or any other similar
51	51	building component;
52	52	(B) is attached in any way to a traffic control
53	53	device, a light, a trailer, a vehicle, or any other existing
54	54	structure or object;
55	55	(C) includes the painting of architectural
56	56	surfaces;
57	57	(D) is a display that contains:
58	58	(i) more than two components; or
59	59	(ii) a component that is larger than three
60	60	feet by three feet by two feet;
61	61	(E) violates any applicable building line,
62	62	right-of-way, setback, or easement;
63	63	(F) is accompanied by music, sounds, lights,
64	64	reflective material, or streamers or is otherwise distracting to
65	65	motorists;
66	66	(G) is not maintained as provided by law or a
67	67	dedicatory instrument; or
68	68	(H) is installed without prior approval of the
69	69	property owners' association or the association's architectural
70	70	control committee, as applicable, if:
71	71	(i) the approval of the association or
72	72	committee is otherwise required by a dedicatory instrument; and
73	73	(ii) the association or committee provides
74	74	decisions on prior approval requests within a reasonable period or
75	75	within a period specified in a dedicatory instrument; or
76	76	(2) the display of a religious item that is subject to
77	77	restriction under Subdivision (1) for a religious event or holiday:
78	78	(A) earlier than the 30th day before the date on
79	79	which the religious event or holiday begins; or
80	80	(B) later than the 14th day after the date on
81	81	which the religious event or holiday ends.
82	82	(b-2) If prior approval of a display is required, a property
83	83	owners' association or the association's architectural control
84	84	committee, as applicable, shall approve an owner's or resident's
85	85	request to display a religious item if the display of the item
86	86	complies with the association's dedicatory instruments consistent
87	87	with Subsections (b) and (b-1)(1). The association shall notify
88	88	owners and residents that approval of the display of a religious
89	89	item is required for a display that is not subject to restriction
90	90	under Subsection (b) or Subsections (b-1)(1)(A) through (G).
91	91	(b-3) Subsection (b-1) is not a basis to prohibit an owner
92	92	or resident from affixing on the entry door or door frame of the
93	93	owner's or resident's dwelling one or more religious items the
94	94	display of which is motivated by the owner's or resident's sincere
95	95	religious belief if the items:
96	96	(1) do not extend past the outer edge of the door frame
97	97	of the dwelling; and
98	98	(2) individually or in combination with each other do
99	99	not exceed 25 square inches.
100	100	SECTION 2. Sections 202.018(c) and (d), Property Code, are
101	101	repealed.
102	102	SECTION 3. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2017.